Distance Sales Agreement
This Distance Sales Agreement (“Agreement”) is signed by the Customer (“Consumer”) on the www.toptanesarpvesal.com electronic commerce website of the Seller (“www.toptanesarpvesal.com”) (hereinafter, “Our Site” or “www. The rights of the Parties regarding the sale, delivery and other issues of the following products and/or services (“Product(s)”) that they wish to purchase by placing an order, including the situations where they make transactions from their mobile device (which will be referred to as the “ Toptanesarpvesal.com Website”) and its obligations.
Hereinafter, the Customer and the Seller will be collectively referred to as the "Parties" and separately as the "Party".
After the Customer approves this Agreement on the Scarf Company Website, the price and expenses of the Product(s) ordered are collected from the Customer with the payment method chosen by the Customer when placing the order.
1 - PARTIES
|Name Surname / Title
2 - CONTRACT DATE
This Distance Sales Agreement is executed on the date the Customer completes his/her order by electronically approving/accepting his order on the website www.toptanesarpvesal.com and the Preliminary Information, which forms an integral part of the Agreement, is accompanied by the order confirmation to the above Customer e-mail address notified to the Seller by the Customer. sent by
3 - CONTRACTUAL PRODUCT/SERVICE, PRICE, PAYMENT AND DELIVERY INFORMATION
Model, type, color, size, if any, unit prices, total cash sales price (total amount) including all taxes of the Product(s) ordered by the Customer, Payment method (means) chosen by the Customer, Delivery and billing address notified by the Customer, The customer's contact information is as below.
|Product / Service description
|Total Price of Products
TOTAL PAYMENT AMOUNT OF THE ORDER (Including VAT)
4 - ISSUES THAT THE CUSTOMER IS INFORMED IN ADVANCE
Our website www.toptanesarpvesal.com is an e-export website and only sells abroad. The Customer sees all the explanations, summarized below, in the entire website and/or in the preliminary information, which is an inseparable part of this agreement, before the Seller's www.toptanesarpvesal.com website is an inseparable part of this agreement, before entering into an obligation to pay and accepting this agreement. and accepts and declares that he/she has knowledge by examining
4.1. The seller's title, contact information, current introductory information and professional organizations to which he is a member.
4.2. Purchasing stages of the Product(s) subject to the order/contract, methods and tools that can be used to correct incorrectly entered information.
4.3.The basic characteristics of the products subject to the contract, the total price including all taxes and charges (the total amount including all taxes and expenses that the Customer will pay to the seller), the payment means (methods) accepted by the Seller, the shipping restrictions specified by the Seller
4.4. The rules and restrictions regarding the delivery of the ordered products to the Customer, the issues that the Customer should pay attention to when receiving the cargo, information about the delivery and cargo costs.
4.5. Other payment, collection, delivery information regarding the Product(s) subject to the Contract/Order and information regarding the fulfillment of the Contract and the rights and obligations of the Parties in the aforementioned matters.
4.6. Situations where the Customer has the right of withdrawal, the terms, duration, method of using the right of withdrawal, and the products (goods and services) and situations/conditions where the Customer does not have the right of withdrawal, if the Customer does not use the right of withdrawal within the period.
4.7. The withdrawal request may not be accepted in cases where the Product(s) is damaged or changed due to the Customer not using the Product(s) which has the right of withdrawal, within the withdrawal period, in accordance with the instructions for use, normal functioning or technical specifications.
4.8. Rules/conditions to be complied with regarding returning the Product(s) purchased by the Customer within the framework of the right of withdrawal or in accordance with the relevant laws and the Agreement, and getting the price of the Product(s) back.
4.9. The fact that the customer is a legal person and/or real persons acting on behalf of the legal person cannot use the right of withdrawal and other consumer rights for the products purchased for commercial or professional purposes, not as the Final Consumer.
4.10. The security, confidentiality, protection/processing/use of personal data implemented by the Seller, communications to be established with the Customer (electronic and other), the permissions given by the Customer to the Seller in the above-mentioned matters, the legal rights of the Customer and the Seller, and the methods of exercising the rights of the Parties.
4.11. This Distance Sales Agreement and the Preliminary Information, which is an integral part of it, are seen on the website before the Customer is obliged to place an order with the Seller and are sent to the e-mail address notified by the Customer after the Agreement is approved and established by the Customer, and can be stored and accessed at any time by the Customer. , further that the Seller will retain the aforementioned Agreement and Preliminary Information for three years.
4.12. In case of a dispute (with the exception of article 4.9 above), the Customer may apply to Provincial/District Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law on Consumer Protection No. 6502 regarding consumer complaints.
5 - RIGHT OF WITHDRAWAL
The Customer cannot return the Products purchased through the www.toptanesarpvesal.com Website.
In addition, the Customer does not have a legal right of withdrawal in the Agreements regarding certain goods/services, even if the Customer has not used and/or benefited from the Product(s). The Agreements regarding the Product(s) and this Product(s) for which the right of withdrawal cannot be exercised are as follows; a) Product(s) prepared in line with the consumer's requests or personal needs; those whose return is not suitable in terms of health and hygiene c) Services performed instantly in electronic environment or intangible product(s) delivered instantly to the consumer d) Contracts regarding services that are started to be performed with the Customer's approval before the expiry of the right of withdrawal.e) Contracts regarding other goods and services that are generally considered outside the scope of distance sales in accordance with the relevant legislation, and the Product(s) that the Customer purchases for commercial and/or professional purposes, not as the final consumer.
In cases where there is a legal right of withdrawal, the Customer is legally responsible for changes and deteriorations that occur because the goods are not used in accordance with its operation, technical specifications and usage instructions within the withdrawal period. If the customer does not act in accordance with the above-mentioned responsibilities, he may lose his right of withdrawal regarding the Product(s).
The Customer has to send the goods back to the Seller within ten (10) days from the date of notification regarding the use of his right of withdrawal.
In cases where the right of withdrawal is not stipulated by law, the right of withdrawal cannot be used. If the customer does not exercise his right of withdrawal duly or on time, he loses his right of withdrawal.
Provided that the above-mentioned requirements are fulfilled by the Consumer in a timely and duly manner, within 7 days from the date of receipt of the withdrawal notification to www.toptanesarpvesal.com, the price of the Product(s) shall be paid in accordance with the payment instrument used while purchasing the Product(s). It is returned to the customer.
Money points or gift vouchers, etc., earned by the customer from the order returned by using the right of withdrawal or in all other cases where product returns, except for defective products, are in question. Any prizes will be cancelled.
6 - RULES ON SECURITY, PRIVACY AND PROTECTION OF PERSONAL DATA, COMMUNICATION, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
On the www.toptanesarpvesal.com website, the following privacy rules (policy) and conditions apply on security, information protection, confidentiality, processing, use, communications and other issues.
6.1. Necessary measures for the security of the information and transactions entered into the www.toptanesarpvesal.com website by the consumer have been taken by www.toptanesarpvesal.com in the system infrastructure, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the Consumers, it is the Consumers' responsibility, including viruses, Trojan horses and similar harmful applications, to take the necessary precautions to protect them and prevent them from being accessed by unrelated persons.
6.2. Communication security on the www.toptanesarpvesal.com website is provided with a 256-bit SSL certificate, the secure connection is used not only on the payment page but throughout the site, and access to the site is not allowed without a secure connection. On the www.toptanesarpvesal.com website, the card information entered by the Consumer in the credit card payment interface can only be used to be transmitted to the Consumer's bank, it is never recorded in the database of www.toptanesarpvesal.com. In addition, as an additional security measure, the Consumer can only make a 3D secure (3D Secure) payment with a Credit Card on the www.toptanesarpvesal.com website. In the 3D secure transaction of the consumer, a one-time password is asked on a separate page opened by the bank. This password is sent by the Consumer's bank to the mobile phone where the Consumer's credit card is registered. If the consumer enters and approves the one-time password sent to his/her mobile phone on this separate page opened by the bank, the payment process is completed.
6.3. www.toptanesarpvesal of consumers.Providing various products and services by !889's, its current and future subsidiaries, affiliates, partners, successors and/or third parties/organizations to be determined by them, all kinds of information, For electronic and other commercial/social communications to be made for advertising and promotion, promotion, sales and marketing, membership applications, it can be recorded indefinitely or for a period to be determined by the specified ones and their successors, stored in archives in magnetic and / or paper media, updated when necessary, may be shared, transferred, transferred, used and processed in other ways.
6.4. Consent to the use, sharing, processing of the consumer's existing and new information (data), personal and non-personal, in accordance with the protection of personal data, regulation of electronic commerce and other applicable legislation, and the establishment of electronic and / or other means of communication with him, whether non-commercial or non-commercial. and allowed.
6.5. Consumers can always stop data usage and processing and/or communications by contacting www.toptanesarpvesal.com through the above mentioned communication channels. In line with the clear notifications of the consumers on this matter, the processing of their personal data and/or communication with them is stopped within the legal period. However, preserving the data that must be kept legally and the necessary data processing and communications that are legally possible (the consumer has a delivered order, has an existing order, has an order during the return process, has to communicate for a refund, etc., but is not limited to the aforementioned examples) continues.
6.6. The rights of the consumers regarding the personal data they share with www.toptanesarpvesal.com in accordance with the Personal Data Protection Law are as follows; To learn whether your personal data is processed, to request information if personal data has been processed, to learn the purpose of processing personal data and whether they are used in accordance with its purpose, to know the third parties in the country or abroad to whom personal data are transferred, to request correction of personal data in case of incomplete or incorrect processing , to request the deletion or destruction of personal data in case the reasons requiring the processing of personal data disappear, to request the correction and deletion of the personal data to be notified to the third parties to which the personal data has been transferred, to object to the emergence of a result against the personal data by analyzing the processed data exclusively through automated systems, to request the compensation of the damage in case of loss due to the processing of
6.8. Consumers can review the entire Privacy and Personal Data Protection Policy statement published under the heading Privacy Principles on the www.toptanesarpvesal.com website at any time. The above-mentioned notification is generally related to all third parties who share their personal/non-personal data with www.toptanesarpvesal.com not only as Consumers but also for different reasons stated in the notification.
6.9. All intellectual and industrial rights and all proprietary rights regarding all kinds of information and content on the www.toptanesarpvesal.com website and their arrangement, revision and partial and/or complete use belong to www.toptanesarpvesal.com and in no way, even partially, without permission. though it cannot be used. www.toptanesarpvesal.com reserves the right to make any changes it may deem necessary on the above issues. Changes are valid from the moment they are published on the www.toptanesarpvesal.com website or announced by other methods.
7 - GENERAL PROVISIONS
7.1. The ordered Product(s) shall be delivered to the Consumer or the third party/organization at the above-mentioned address in a packaged and intact condition, provided that the legal 30-day period is not exceeded. The delivery costs (shipping fee, etc.) to be paid by the Consumer, if any, are clearly stated in the order details above.
7.2. The product(s) in stock are delivered to the cargo company to be delivered to the person and address specified by the Consumer at the time of order, within ten (10) days at the latest from the order date. The Cargo Company delivers the shipments received from the Seller to the Consumers within an average of 7 (seven) to 30 (thirty) business days, under normal conditions, depending on their distance.
7.2. In the event that the Product(s) is not found at the address of the Consumer at the time of delivery and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation to deliver to the address. In case there is no one to take delivery at the address, it is the Consumer's responsibility to follow up and ensure the shipment of the products by contacting the cargo company. If the product(s) is to be delivered to a person/organization other than the Consumer, the Seller cannot be held responsible if this person/organization is not present at the address or does not accept the delivery. In these cases, any damages arising from the late receipt of the Product(s) by the Consumer and the expenses incurred due to the Product(s) waiting in the cargo company and/or the return of the cargo to the Seller shall be borne by the Consumer.
7.4. Each person who will receive the product(s) is responsible for checking the product(s) upon receipt and not accepting the delivery when he sees a problem with the product(s) arising from the cargo and keeping a report to the cargo company representative. Otherwise, the Seller will not accept any responsibility.
7.5. Delivery of the product(s) to the Consumer within 30 days, which is the legal maximum period, is on-time delivery. In the event that it cannot be delivered within the legal maximum 30 days due to extraordinary situations (such as weather opposition, earthquake, flood, fire) other than normal sales and delivery conditions, the Seller informs the Consumer about the delivery by accessing the available contact information.In this case, the Consumer may cancel the order, order a similar product, or wait until the disaster is over.
7.6. If it is understood that the Seller cannot supply the Product subject to the Contract, within three (3) days from the date of learning about this situation, the Seller may supply another product of equal quality and price, provided that it receives verbal or written consent by clearly reaching the Consumer from the available contact information and informing it. shall be deemed fulfilled. The consumer is free in all respects whether to give the said consent or not. In cases where the Consumer does not approve, the Seller returns all collected payments, including delivery costs, within 14 days at the latest from the notification date. Money points or gift vouchers, etc., that the consumer has earned from the undeliverable and refunded order. Any prizes will be cancelled.
7.7. Credit Card orders are not accepted on the www.toptanesarpvesal.com website.
7.8. When the Consumer approves the Agreement, the above-mentioned price of the Product(s) ordered and the additional costs, if any, are collected by the payment method he/she chooses. Before receiving the Product(s), the consumer must have fully paid the sales price, including costs. If the price of the Product(s) is not fully paid to the Seller before delivery, the Seller may unilaterally cancel the Contract and not deliver the Product(s).
7.9. If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the Seller or demands a refund of the price paid, the Product must be returned to the Seller by the Consumer within 3 days at the latest. If the non-payment of the product price is due to an unfair instruction, objection or any defect or negligence of the Consumer to the Bank, the shipping costs shall be borne by the Consumer. All other legal rights of the Seller arising from the Contract, including the seller's refusal to accept the return, the legal pursuit of the product price receivable, are reserved under all circumstances.
7.10. All facilities provided by credit cards, debit cards, installment cards or similar payment instruments provided by Banks and Financing Institutions are credit and/or installment payment opportunities provided by the institution that issued the direct payment instrument (credit card and similar). Product sales realized by the consumer using the above-mentioned payment tools and for which the Seller collects the price of the product(s) at once (once) or piecemeal (gradually) are not sales on credit or installments, but are cash sales, in terms of the Parties to this Agreement. The Consumer accepts that he will confirm the interest rates applied by the relevant institution and the information about the default interest separately from the bank, that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the Consumer, in accordance with the provisions of the legislation in force, and that the Seller is not involved in this matter, and commits.
7.11. The legal rights of the seller in cases deemed to be sales in installments by law, including the right to terminate the contract in case of non-payment of the installments and/or to demand the payment of the entire remaining debt together with the default interest, are available and reserved within the framework of the relevant legislation. In case of consumer's default, monthly default interest is applied as stipulated by the applicable laws.
7.12. If the Product(s) subject to the Order/Contract is returned in accordance with the law and the Agreement or in order cancellations, the price of the Product(s) if collected is returned to the Consumer within a maximum of 15 days in accordance with the vehicle in which the payment was made.If the payment is made by credit card, the refund amount is notified to the consumer's bank to be returned to the credit card where the transaction was made.
By placing an order and paying, you are deemed to have accepted the above terms.